If this is your first visit, be sure to
check out the FAQ by clicking the
link above. You may have to register
before you can post: click the register link above to proceed. To start viewing messages,
select the forum that you want to visit from the selection below.

Note: the banner ads have been temporarily disabled pending new photo host. We'll get them running again soon.

Mance v. Whitaker SCOTUS

QUESTION PRESENTED Federal law bars consumers from acquiring handguns outside their home state. This prohibition limits choice and price competition, and forces many handgun buyers to arrange and pay for the handguns’ shipment to in-state federal firearms licensees (“FFLs”). The government theorizes that the prohibition is necessary to combat the circumvention of state and local handgun laws. Yet some jurisdictions allow interstate handgun sales, or preclude the circumvention of handgun laws through retail channels by requiring police authorization for all handgun transfers. Meanwhile, federal law allows FFLs to sell rifles and shotguns to non-residents, so long as they comply with state and local laws. Washington, D.C. residents Tracey and Andrew Hanson sought to buy handguns from Fredric Mance, a Texas-based FFL. The District lacks firearm retailers, but it authorizes interstate handgun sales, and requires that all firearm purchases be authorized by police prior to consumers taking delivery. Reflecting various divisions among the courts of appeals regarding the Second Amendment’s application, the Fifth Circuit divided 8-7 as to whether and how the federal interstate handgun transfer ban is unconstitutional on its face or as-applied to the Hanson-Mance transactions. The question presented is whether prohibiting interstate handgun sales, facially or as-applied to consumers whose home jurisdictions authorize such transactions, violates the Second Amendment and the equal protection component of the Fifth Amendment’s Due Process Clause.

It will be interesting to see if Kavanaugh's appointment actually makes any difference in how SCOTUS handles a 2A case. Perhaps Norm DeGuerre could weigh in on whether this case would impact the current permitting process in New Yorkistan. It seems like at the very least New York would have to adapt some new procedures if the interstate sales ban is overturned.

thanks for the heads up, willie .
I am out of touch with Gun 'Rights" legislation, and Cases as I try to bring to conclusion an 18 year old issue that has to do with Property Rights
Gura, and Lott are the saving grace of any ability to own guns

that said, I expect that New York will ignore any federal ruling
forever

“The function of the law is not to provide justice or to preserve freedom. The function of the law is to keep those who hold power in power.” – Gerry Spence